Steelman v. Gilbert

Plaintiff below obtained a verdict and judgment and defendant appeals. The case was based on negligence and the grounds argued for reversal are, first, that there should have been a nonsuit; second, that a verdict should have been directed for the defendant; and third, that the defendant, being an infant, the judgment entered should have been set aside.

The first two grounds are untenable because a rule for new trial based on the weight of the evidence (involved in the motion for nonsuit) was filed, argued and passed upon by the trial judge. Cleaves v. Yeskel, 104. N. J. L. 497; 141 Atl. Rep.…